making news in america this morning, disaster in the mud. more than a dozen people dead in southern california. >> and every minute that goes by, you know, you have less hope. >> homes wiped off their foundations tossed into trees. freeways turned into raging rivers. this morning, the new concern about more victims buried in mud more than five feet deep. breaking overnight, a federal judge hands down a key ruling in the immigration debate throwing a wrench in the trump administration's plan to end the so-called daca program for young immigrants. >> i don't want to, you know, shut them down in any way. >> james franco speaking out for the first time since multiple actresses accused him of sexual misconduct and now an event featuring the hollywood a-lister is canceled amid the controversy. >> what are you doing? what are you doing? >> don't. new details about the

teacher handcuffed at a school board meeting for protesting her boss' pay raise. would she have been arrested if she were a man? plus, bats invade walmart. >> this is crazy. airline seats get even more uncomfortable. and siblings meet for the first time thanks to a chance encounter on facebook. we do say good morning on this wednesday, everyone. i'm kendis gibson. >> and i'm maggie rulli in for diane macedo. we begin with the disaster unfolding in southern california. at least 13 people are dead and dozens are missing after heavy rains unleashed mudslides that swept homes off their foundations in the very same area of santa barbara county already devastated by last month's historic wildfires. the fires left the hills barren with nothing to hold back the water. >> some scenes overnight, cars tossed into buildings buried in rivers of mud while boulders came crashing down

rolling as if they were just marbles. a frantic search overnight for the missing after heavy rain unleashed massive mudslides in southern california. >> it's my mom, and i'm fighting with all my heart to find her, but like i can't focus too much on she's most likely dead out here. >> reporter: in montecito robert riskin and his friend wearing wet suits and helmets looking for robert's mother. >> i've just been clawing through the mud, and it's hard to hold hope when the mud is so deep. you know, but it's your mom. so what do you -- you got to just keep going. she's a grandmother. she's, yeah, one of my best friends, and you just got to keep going, man. >> reporter: but with no luck. robert breaking down during the search taking pictures and collecting items from her home. >> it's hard to process. i mean it's your house that you

grew up in, and it's in pieces. >> reporter: the fast-moving mud with the consistency of wet concrete destroying everything in its path. >> it sounded like a hurricane or a freight train coming through. i mean, this is just -- i can't quite believe it. is that a house behind us? was that a house? >> reporter: witnesses describing the scenes in santa barbara county as apocalyptic. rescuers saving this muck-covered 14-year-old girl. this massive tree stabbing through a portion of what was a home. reports of people holding on to trees for hours. one official comparing it to a world war i battlefield. abc's matt gutman in montecito. >> firefighters are telling us that that foundation right there, it had a house on it. that house is now over there. >> reporter: ellen degeneres tweeting this dramatic image pointing out that's not a river flowing through her neighborhood but the flooded 101 freeway and oprah sharing this video of mud in her backyard. >> the house in back is gone.

>> reporter: despite all the chaos on the ground, one sign of hope in the sky after the storm, this rescue helicopter flying into a rainbow. and the coast guard also rescued a family of five in santa barbara. a baby was also pulled from the mud, and 30 miles of the 101 freeway have been closed. we're going to have the weather forecast in just a few minutes. now to the other story breaking overnight, a federal judge has issued a ruling that blocks the trump administration's plan to end the so-called daca program which protects young immigrants from deportation. the ruling comes hours after a highly unusual televised meeting at the white house when the president revealed that he's willing to pass a more comprehensive immigration overhaul. abc's lana zak has all the details from washington. lana. >> reporter: good morning to you, maggie and kendis. all of this is happening at the same time that the clock is ticking on a spending deadline to avoid a government shutdown is now just nine days away. democrats say a deal on daca is a precondition for any spending agreement.

republicans, though, say that's unlikely. happening overnight, the deferred action for childhood arrivals program better known as daca is being protected now by a federal judge. president trump had announced that the program would be ending march 5th meaning current daca immigrants could face deportation but the judge's ruling orders the government to accept renewal applications from current d.r.e.a.m.ers as the battle continues to be fought both in the courts and in congress. >> i hope that the folks watching most closely this court's temporary injunction are the members in congress who need to act to find a permanent fix for the d.r.e.a.m.ers. >> reporter: the move puts another level of pressure on congress and the president to come up with a solution. earlier on tuesday, the president convened lawmakers to hash it out. >> it should be a bill of love and we can do that. but it also has to be a bill where we're able to secure our borders. >> reporter: and in a white house first the president let immigration negotiations between democrats and republicans play

out before television cameras. the democrats pushing for a separate deal on daca. >> what about a clean daca bill now with a commitment that we go into a comprehensive immigration reform procedure? >> i have no problem. i think that's basically what dick is saying. we're going to come out with daca. we're going to do daca and then we can start immediately on phase two which would be comprehensive. >> would you be agreeable to that? >> yeah, i would like to. >> reporter: but republicans pushed back. >> mr. president, you need to be clear, though. i think what senator feinstein is asking here, when we talk about just daca, we don't want to be back here two years later. you have to have security as the secretary would tell you. >> reporter: and the justice department is reacting to that judge's ruling saying that the administration acted within their legal authority and that the fate of daca remains with congress. maggie, kendis. >> lana zak in d.c., thanks so much. former white house chief strategist steve bannon is out of a job again stepping down as chairman of breitbart news after facing intense backlash from the president's supporters.

his departure from the conservative website comes just days after he was quoted in a new book disparaging the president and his family. allies say bannon plans to continue his far right activities, but many question whether he can maintain his influence. three federal judges have ruled that north carolina's congressional map, which was redrawn by republicans, is illegal. the judges in the so-called gerrymandering case ruled the drawing of the map was done with excessive partisanship that gave republicans an advantage for most of the seats. they've ordered state lawmakers to adopt a new map by january 24th. republicans plan to appeal. controversial arizona sheriff joe arpaio is running for u.s. senate. he was pardoned by president trump last year after he was convicted of contempt of court. the 85-year-old who is maybe best known for his hard-line immigration tactics joins a very already crowded field of candidates. now to a breaking news story, a strong earthquake briefly triggering a tsunami alert in parts of the caribbean overnight.

a 7.6 magnitude quake was centered off the coast of honduras and was felt in several neighboring countries. tsunami sirens could be heard in belize, but the alerts have now been lifted and no serious damage or injuries have been reported. northern honduras, the area closest to the quake, is sparsely populated. and it's time now for a look at your weather this wednesday morning. good morning. well, in the southwest it's all about catching our collective breath behind the significant flooding that we had to experience throughout the southwest. so we're going to experience a drying pattern that's going to ensue throughout the southwest. now, the northwest by thursday will still have a great deal of moisture with some additional scattered showers there but we're looking for that dry pattern to settle in and stay pretty much entrenched for us for thursday even going into friday as a high pressure system begins to build and continue to wring out the southwest coast. i'm accuweather meteorologist paul williams.

well, coming up, newly minted golden globe winner james franco responds to sexual harassment allegations for the first time. and the new headline about michael douglas this morning. also ahead, the avalanche danger that's leaving thousands of tourists on a ski vacation stranded. and the astronaut who claimed that he grew more than 3 in

we're back to show you a car literally pounded by the weather. a chunk of ice and snow fell 21 stories off a building in new york city and made a direct hit. nobody was injured. new sexual misconduct allegations against james franco have forced "the new york times" to cancel a planned event with the actor today. franco appeared on stephen

colbert's show overnight. he was asked about claims against him made by several women including actress ally sheedy. >> i had nothing but a great time with her, total respect for her. i have no idea why she was upset. she took the tweet down. i don't know. i can't speak for her. i don't know. in my life i pride myself on taking responsibility for things that i've done. >> franco said if he's done something wrong, he will fix it. one of the women accusing franco claims he assaulted her and tried to lure a teenage friend of hers to a hotel room. also this morning, michael douglas is denying a claim that he committed a lewd act decades ago. his denial comes even before a report about the alleged misconduct has been published. douglas says a former employee is accusing him of the act more than 30 years ago and he claims blackballed her, both of which he denies. the recent revelation that apple deliberately slowed down older iphones is now getting the

attention of prosecutors. authorities in france say shortening a product's lifespan is a crime and they're looking into apple's actions. the company insists it only slowed down the phones to prevent random shutdowns caused by aging batteries. 13,000 tourists have been stranded in the swiss alps because of heavy snow and avalanche. some dramatic photos showing the snow that crashed into these apartments at a ski resort in the italian alps. the snow burst through doors and windows. many roads are closed right now so helicopters are being used to air-lift some people but it's not all bad news. they were given some cheese while they were being evacuated. no wine? just cheese? >> only in the alps. >> yep. >> the alps. all right, coming up, bats invade walmart. we'll show you. and also ahead, a teacher handcuffed while protesting her boss' raise. what the school is now saying this morning. and the gender pay gap in hollywood. an eye opening new example. xample. oh and she looks like the no artificial sweeteners type, she'll love us.

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this is crazy. >> it's not just crazy. it's just an average day at this walmart in southeast texas. those are bats flapping around the store. inspectors say the bats were apparently living in the store's lawn and garden section. the walmart is still trying to get them out of that store. well, outrage is growing this morning over the arrest of a teacher in neighboring louisiana thrown in jail after speaking out at a school board meeting. >> it all started when she objected to her boss getting a raise. within moments she ended up on the floor in handcuffs. some fellow teachers say she was only treated that way because she's a woman. abc's steve osunsami has the details. >> reporter: middle school teacher deyshia hargrave was simply speaking her mind at a school board meeting in abbeyville, louisiana, last night upset they were giving this man, the superintendent a nearly $30,000 raise while handing out nothing extra to teachers. >> a superintendent or any person in a position of leadership getting any type of raise, i feel like it's a slap in the face to all the teachers,

cafeteria workers and any other support staff we have. >> reporter: the board was only trying to hear public comments and not a debate. >> is it against policy to stand? sir, do not. >> reporter: and for some reason the second she walked out of the room -- >> what are you doing? what are you doing? >> don't. >> reporter: she was on the ground put in handcuffs and charged with resisting an officer. >> i have never seen a man removed from this room. i have never. >> this is a petty personal attack on the superintendent. and his family. it has nothing to do with what the job requires, what the salary should be. >> reporter: tonight a city attorney says that no charges will be filed against the teacher, and the local police underline that it was a school resource officer who made the arrest, and they say that any questions should be directed towards the school board. steve osunsami, abc news, atlanta. >> the school board president claims the whole incident was a

setup by several board members. he says they have been determined to get rid of the superintendent. the director of the fbi is sounding the alarm about encryption that prevents law enforcement from gaining access to data stored on phones and other electronic devices. now, speaking at a cybersecurity conference, director christopher wray called this an urgent public safety issue. he says the fbi was unable to access data on nearly 8,000 electronic devices during investigations last year. he did acknowledge, however, a solution to the problem will require some significant innovation. a u.s. official now confirms a classified government satellite fell into the indian ocean after sunday night's rocket launch by spacex after it failed to remain in orbit. it's believed to be a billion dollar spy satellite. meanwhile, this photo taken by a pilot over africa shortly after the launch shows a bright spiral. look at that. experts say that was likely the moment the rocket was venting fuel, a normal process to avoid explosions.

back here on the ground we often see contests at basketball games where fans try to win prizes by making half-court shots. but this one was a little special treat. >> this guy at the oklahoma sooners game had a chance to sink a half-court shot and came up short. >> so, he decided to take off his shirt. >> as one does. >> to, of course, to fire up the crowd. give it a second try. does he get it? no. >> me might have been a little too pumped up. his second shot went flying over the backboard. he enjoyed his moment in the spotlight despite walking away empty-handed. >> even we all got a show. the other video that caught our attention overnight comes from the bbc. it's one reporter's trip to the zoo. it went horribly wrong. >> he's trying to do a report in front of the camera when the lemurs took over, and take a look. >> oh. just go for it. >> so, any time. any time you like.

oh, boy. and i'm at one of the region zoo where they're doing that annual stock of animals. >> i love that he keeps trying to do the report. there are lemurs flying in front of him. >> i love the typical photographer there, any time, dude. come on. like my car is running. >> all right, coming up, airline seats, well, they're getting even more uncomfortable. and also ahead, the uproar in hollywood following a new report about a major pay gap between mark wahlberg and one of his female co-stars. plus, what a deejay gave to prince harry and harry's reaction. assion and care. he spent decades fighting to give families a second chance. but to help others, they first had to protect themselves. i have afib. even for a nurse, it's complicated... and it puts me at higher risk of stroke. that would be devastating. i had to learn all i could to help protect myself. once i got the facts, my doctor and i chose xarelto®. xarelto®... to help keep me protected. once-daily xarelto®,

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allegations against kevin spacey. according to "usa today," mark wahlberg was paid $1.5 million for the reshoot, but co-star michelle williams, she reportedly only got about $1,000. >> yeah, and this comes after the director ridley scott said everyone did the reshoot for free. ironically enough, the oscar winner williams had more screen time than wahlberg. >> we'll be hearing more about that, i'm sure. there's an attempt to end a growing controversy literally on the international space station. >> yeah, a japanese astronaut claimed he grew more than 3 inches in just three weeks on board. the controversy started when he said his growth means he might not fit foo his space capsule to come down. now, he's downplaying the whole thing saying there was some sort of measuring error. measuring is not easy without gravity. he's apologizing for the fake news saying he will be able to fly back to earth after all. >> i like the part of him being

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good morning. it is wednesday, january 10th. natasha and alexis are off this morning. i'm jessica castro alongside reggie aqui. >> it is dry outside this morning for now. we haven't heard that in a while. you are never more than seven minutes away from the accuweather forecast. here is meteorologist mike nicco. we have a 1 for today. some areas of light rain will develop up in the north bay and spread across the rest of our neighbors. less than a tenth of an inch. it will be enough just to keep some streets wet at times and breezy early. let me show you what's going on now. quiet on live doppler 7. cloudy conditions out there. check out the temperatures, 40s except for brentwood, concord, san francisco, san mateo and half moon bay. those temperatures in the low 50s. let's get a check of the dry

commute. here's sue. >> a couple issues. a high wind advisory according to the chp particularly in the midsection where the wind is blowing. heads-up there. give yourself extra time and hold on tighter. we have a little bit of slowing out of tracy. look at that, it's clear. green on our sensors with a problem with the big rig southbound 505 transitioning to 80. certainly we've had wet weather all across the country. in southern california deadly. at least 13 have died following severe flooding and mud slides just weeks after several fires tore through the same area. >> it is utter devastation. crews are working to clear mud flows that blocked several roadways and left homes destroyed in montecito and santa barbara county in los angeles county. reporter jane hernandez from our sister station in los angeles has the latest. >> reporter: this video from air 7 shows the scope of the disaster, home after home

destroyed. at many properties the mud reaching all the way up to the roof line. a number of homes caught fire after the devastating debris flow and burned well into the night. it was those flames that scared this homeowner we found charging her phone in her car. it wasn't mandatory for her to evacuate. >> we couldn't get out in time basically is what happened. the floods came. >> reporter: air 7 captured a river of mud all the way down to the 101 freeway. several sections now buried under several feet of thick mud. crews are working to clear the freeway which connects santa barbara and l.a. it could take days. the county says only 10% to 15% of residents under mandatory evacuation left. >> we were told we should evacuate. i said i'm tired of hearing the word. i'm not going to evacuate. we thought it would be just rain. we've had rain before but nothing like this. >> reporter: fortunately her home wasn't damaged and she didn't need to be rescued, but

at one point the burnham country club became a heliport. neighbors who remain have to find a way to get by until they can be dug out. >> and a coast guard crew rescued several families yesterday morning. a mother, father, and their three children including a newborn were rescued from their home. the crew even rescued the family's two dogs. >> glad to see that. it is 4:30 right now. if you are just waking up to us, hello there. over to meteorologist mike nicco and check in on your weather. we'll start down in southern california. i want to dove tail on what we watched. notice things are much quieter. light rain around oceanside and down to san diego. this continues to slide away. this is going to hit the grapevine and for the most part fall apart. the only real